STATE OF J&K Vs. SHAFIQ AHMAD PANDIT

JUDGEMENT

(1.) THIS Latters Patent Appeal has been directed against the order dated: 30.3.2005 whereby the learned Single Judge was allowed the writ petition of the respondent/writ petitioner quashing the order of his dismissal passed by Appellant No.3, Senior Superintendent of Police, City South, Srinagar in exercise of the powers under section 126(2) (c) of the Constitution of Jammu and Kashmir.

(2.) THE writ petitioner was working as constable in the Police Department and while posted in Police Station Sharghari he proceeded on thirty days leave on 10.9.1990. The Police Division Batmaloo received an information from Army authorities that the respondent alongwith some other associates has been arrested at Rampur Uri while crossing the Line of Actual Control for obtaining training of sophisticated arms and ammunition from Pakistan. He was arrested and ultimately he was dismissed from service by Appellant No.3 vide order No. 158 of 1990 dated: 8.12.1990 invoking power contained in section 126(2) (c) of the Constitution of J&K.

(3.) THE respondent challenged his dismissal order by means of SWP No. 2706/94. Learned Single Judge on appreciation of the pleadings of the parties and after hearing the learned counsel for the parties came to the conclusion that Sec. 126 (2) (c) provides the power to be exercised by the Governor and not by any authority of the State and on this sole ground quashed the impugned order of dismissal and allowed the writ petition. While doing so the learned Single Judge also observed that the quashment of the dismissal order of the respondent will not prevent the authorities to proceed in the matter in accordance with the Service Rules governing the respondent.